Kerala High Court
Abm Builders (P) Ltd vs The Secretary on 6 July, 2021
WA No.2486/2019 1/4
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR
&
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
Tuesday, the 6th day of July 2021 / 15th Ashadha, 1943
WA NO. 2486 OF 2019
Against judgment dated 09.10.2019 in WP(C) 13106/2010 of this court.
APPELLANTS/PETITIONERS:
1. M/s ABM BUILDERS (P) LTD. KADAVANTHRA, COCHIN, REPRESENTED BY THE
MANAGING DIRECTOR M.K.ABRAHAM.
2. VINU KOSHY ABRAHAM, S/O. M.K.ABRAHAM, REPRESENTED BY ITS POWER OF
ATTORNEY HOLDER, M.K.ABRAHAM, 10 B4, ABM TOWERS, KADAVANTHRA,
COCHIN.
3. M.K.ABRAHAM AGED 69 YEARS S/O. M.G.KOSHY, ABM TOWERS, KADAVANTHRA,
COCHIN.
BY.ADVS.N.NANDAKUMARA MENON (SR.),T.K.MANAOJ
KUMAR,R.VENUGOPAL,SMITHA.S.PILLAI,ALICE THOMAS
RESPONDENTS/RESPONDENTS:
1. THE SECRETARY CORPORATION OF COCHIN, ERNAKULAM.
2. ABM TOWERS RESIDENTS ASSOCIATION, KADAVANTHRA, COCHIN, REP. BY ITS
PRESIDENT, KADAVANTHRA P.O., COCHIN.
3. THE STATE OF KERALA REP. BY THE SECRETARY TO GOVERNMENT, LOCAL SELF
GOVERNMENT DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM.
BY.ADV.ARUN ANTONY FOR R-1
ADV.P.K.SURESH KUMAR (SR.) AND SANTHEEP ANKARATH FOR R-2
Prayer for interim relief in the Writ Appeal stating that in the
circumstances stated in the appeal memorandum the High Court be pleased
to stay the operation and implementation of Exhinbit -P.7 dated
21.10.2009 passed by the Ist respondent and as confirmed by the order of
the Hon'ble Tribunal for Local Self Government Institutions in Appeal
No.896/2009 dated 31.03.2010 Exhibit (P-9) pending disposal of the above
Writ Appeal.
This Writ Appeal coming on for orders on 06.07.2021 upon perusing
the appeal memorandum the court on the same day passed the following.
WA No.2486/2019 2/4
EXHIBIT-P-7 A TRUE COPY OF THE FINAL ORDER PASSED BY THE CORPORATION OF
COCHIN DATED 21.10.2009.
EXHIBIT-P9.A TRUE COPY OF THE JUDGMENT RENDERED IN APPEAL NO.896/09 DATED
31-10-09 ON THE FILE OF THE TRIBUNAL FOR LOCAL SELF GOVERNMENT INSTITUIONS
,THIRUVANANTHAPURAM.
WA No.2486/2019 3/4
S. MANIKUMAR, CJ
&
SHAJI P. CHALY, J
-----------------------------------------------
W.A. No. 2486 of 2019
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Dated this the 6th day of July, 2021
ORDER
S. Manikumar, CJ.
Maintainability of the writ appeal is raised by the respondent. Mr.
Nandakumara Menon, learned Senior Counsel for the appellant made
submissions on the above, and on the merits of this case.
2. Mr. P.K. Sureshkumar, learned Senior Counsel for the
respondent sought permission to make submissions on the
maintainability.
3. However, inviting attention of this Court to notice dated
10.2.2021, issued by Municipal Corporation of Kochi, Mr. Nandakumara
Menon, learned Senior Counsel for the appellant submitted that the
above said notice has been issued to remove the alleged unauthorised
construction, failing which legal proceedings will be initiated.
4. According to learned counsel for the appellant, subject matter
requires adjudication and if the Corporation is allowed to proceed with
notice dated 10.2.2021, there is likelihood of demolition of building.
5. Learned counsel for the Corporation seeks permission to file
counter affidavit, at the writ appellate stage.
WA No.2486/2019 4/4
W.A.2486/2019
6. Having regard to the contents of the notice and apprehension,
we direct the Cochin Municipal Corporation not to proceed further with
notice dated 10.2.2021, for a period of one week.
Let arguments be advanced both on maintainability and merits of
this case. Registry is directed to post the matter on 14.7.2021.
Sd/-
S. Manikumar,
Chief Justice
Sd/-
Shaji P. Chaly,
Judge
sou.
06-07-2021 /True Copy/ Assistant Registrar
